By: Perry S.B. No. 1430
(In the Senate - Filed March 8, 2017; March 20, 2017, read
first time and referred to Committee on Agriculture, Water & Rural
Affairs; April 6, 2017, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
April 6, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1430 By: Kolkhorst
A BILL TO BE ENTITLED
AN ACT
relating to a requirement that the Texas Commission on
Environmental Quality provide an expedited procedure for acting on
certain applications for an amendment to a water right by certain
applicants that use desalinated seawater.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.122, Water Code, is amended by adding
Subsections (b-1) and (b-2) to read as follows:
(b-1) A holder of a water right that begins using
desalinated seawater after acquiring the water right has a right to
expedited consideration of an application for an amendment to the
water right if the amendment:
(1) authorizes the applicant to divert water from a
diversion point that is different from or in addition to the point
or points from which the applicant was authorized to divert water
before the requested amendment;
(2) authorizes the applicant to divert from the
different or additional diversion point an amount of water that is
equal to or less than the amount of desalinated seawater used by the
applicant;
(3) authorizes the applicant to divert from all of the
diversion points authorized by the water right an amount of water
that is equal to or less than the amount of water the applicant was
authorized to divert under the water right before the requested
amendment;
(4) authorizes the applicant to divert water from all
of the diversion points authorized by the water right at a combined
rate that is equal to or less than the combined rate at which the
applicant was authorized to divert water under the water right
before the requested amendment; and
(5) does not authorize the water diverted from the
different or additional diversion point to be transferred to
another river basin.
(b-2) The executive director or the commission shall
prioritize the technical review of an application that is subject
to Subsection (b-1) over the technical review of applications that
are not subject to that subsection.
SECTION 2. Section 2003.047, Government Code, is amended by
amending Subsection (e-3) and adding Subsection (e-6) to read as
follows:
(e-3) The deadline specified by Subsection (e-2) or (e-6),
as applicable, may be extended:
(1) by agreement of the parties with the approval of
the administrative law judge; or
(2) by the administrative law judge if the judge
determines that failure to extend the deadline would unduly deprive
a party of due process or another constitutional right.
(e-6) For a matter pertaining to an application described by
Section 11.122(b-1), Water Code, the administrative law judge must
complete the proceeding and provide a proposal for decision to the
commission not later than the 270th day after the date the matter
was referred to the office.
SECTION 3. The changes in law made by this Act apply only to
an application for an amendment to a water right that is filed with
the Texas Commission on Environmental Quality on or after the
effective date of this Act. An application filed with the
commission before the effective date of this Act is governed by the
law as it existed immediately before the effective date of this Act,
and that law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2017.
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